The First High Risk Appeals Chamber confirmed the return of a building linked to former presidential candidate Manuel Baldizón, after rejecting the appeals presented by the Public Ministry (MP) and the Attorney General’s Office (PGN), judicial sources reported this Tuesday, April 21.
The magistrates decided to declare the challenges without merit and confirmed the sentence issued by Judge Delmar González, of the Domain Forfeiture Court, who had ordered the restitution of the property.
According to the resolution, it was not possible to demonstrate that the property had direct or indirect origin in illicit activities or that it had been used to hide resources of illegal origin. Therefore, the Chamber concluded that the case corresponds to a civil dispute over the ownership of the property.
“The judge ruled in accordance with the law,” indicated the magistrates, who warned that admitting otherwise would imply denaturalizing the domain forfeiture regime and violating principles such as legality and legal certainty.
The ruling also establishes that the process must continue in civil proceedings, where there is an adequate mechanism to resolve the property dispute.
In addition, the Court ordered the lifting of the precautionary measures that were weighing on the property, located in zone 15 of the capital, and set a period of 30 days for the judge to execute the delivery to whoever corresponds, once the resolution becomes final.
With this decision, the first instance resolution is ratified in all its legal effects.